Constitutional Court of the FBiH Rejects Another Request from MPs in the FBiH Parliament, Appeals to Strasbourg Announced

(Patria) - The Constitutional Court of the Federation of Bosnia and Herzegovina has rejected a request for dispute resolution submitted by 40 opposition MPs of the House of Representatives of the Parliament of the Federation of Bosnia and Herzegovina.

In this case, the Constitutional Court of the FBiH determined that by convening and conducting the 9th regular session, at which the Budget of the Federation of BiH for 2024 and amendments to the Rules of Procedure were adopted, "the rights of MPs in the Parliament of the FBiH were not violated," writes Faktor.

This is the second decision rejected by the Constitutional Court of the FBiH, with the first concerning the 8th extraordinary session.

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Ustavni sud Federacije obustavio postupak u slučaju spora o održavanju 8. redovne sjednice Predstavničkog doma

(Patria) - Pritisak Ustavnog suda BiH na sudije Ustavnog suda FBiH urodio je plodom. I ne samo to, Ustavni sud FBiH uzeo je sebi za pravo da se bahati i Rješenje o obustavljanju postupka po zahtjevu 35 zastupnika vezanom za 8. vanrednu sjednicu Pred

- We have information that a third request has also been rejected, which concerns the constitutive session and was the first submitted, back in November. And the fourth request, for which a public hearing was held, will not be decided yet. God willing, it will be by September. That is related to the election of Marin Vukoje as a judge of the Constitutional Court of BiH.

I do not expect a positive decision for that either, because I have seen the argumentation that the judges of the Constitutional Court wrote for the previous two requests, that there is no legal basis.

How could we prepare for a 600-page budget in just 22 hours? That is impossible! Furthermore, working bodies are convened within the session itself, while the Rules of Procedure state that the report of working bodies must arrive eight days before the session. And you have the report of working bodies at the session itself - says federal MP Jasmina Bišćević Tokić (SDA) and adds:

- We are not all lawyers, but we are highly educated, perhaps more than some judges of the Constitutional Court. We learned to read long ago, back in elementary school, so we could read the articles of the Rules of Procedure. No judge can convince us that something is legal if it is not. We have a bit more education than they think.

At that 9th session of the House of Representatives of the FBiH, amendments to the Rules of Procedure were also adopted.

- Not only that. It is clear to me that the budget is important for pensioners, salaries, for everything... but to change the Rules of Procedure in a way that, before that, the working bodies were forcibly changed at the session without any materials, that a decision was changed where the Rules of Procedure state that the decision is treated as the factual form of a draft law, I don't know what they are talking about.

What should we expect when the Venice Commission says that a judge of the Constitutional Court of BiH should not be elected without 10 to 15 years of professional experience. That is the pinnacle of law, legal authorities. And then the judges of the Constitutional Court of BiH come out to interpret what the Venice Commission has issued!? Well, that is - welcome to BiH.

That is the tip of the iceberg. There are people who understand and can write to stop, reject whatever they want, but that is devastating. For someone to write that they suspend the procedure for resolving a dispute, because the budget rebalancing was in 2023 and that the legal consequence ceased in 2024 because another act was adopted, is laughable to me because we submitted the request in November. Why didn't they resolve the request immediately that month - asks Bišćević Tokić.
She states that she will deal with these requests in detail.

- We will wait for the third decision of the Constitutional Court of the FBiH, although we already know the outcome. After that, we will conduct a legal analysis and move forward. I said earlier that we would go to Strasbourg because I somehow knew how this would be resolved - said Bišćević Tokić.